Islamabad: The Supreme Court on Wednesday heard three members of the Supreme Judicial Committee in the military constitution hearing on civil litigation.
The three-member committee consists of the Chief Justice and the two most senior judges of the apex court.
The board was created by an amendment to the Practice and Procedure Act 2023. Before that, the Chief Justice was the only institution that administered justice.
A six-judge bench headed by Justice Aminuddin Khan also questioned the military court order related to the dismissal of 20 people.
Justice Shaheed Wahid asked Attorney General of Pakistan Mansoor Awan to provide details of the military court’s decision to check whether Article 10-A was followed.
Former CJP counsel Jawwad S Khawaja Khawaja Ahmad Hussain asked the bench to refer the matter to a committee to freshen it up.
Last year, the Supreme Court temporarily stayed its previous decision to cancel the military trial of 103 civilians pending a final decision on the matter.
The court’s 5-1 ruling by a six-judge bench overturned an earlier unanimous decision by the court to cancel the military trial proposed by the federal government and Balochistan provincial authorities. , Punjab and Khyber Pakhtunkhwa.
However, a panel of five judges of the Supreme Court unanimously declared the civilian trial in the military court invalid and ordered the trial of 103 defendants related to the violence of May 9 and 10, 2023. law.
The court, by a majority of 4-1, declared certain provisions of martial law to be unconstitutional and unconstitutional.
“Without prejudice to the generality of the proceedings of the aforementioned citizens and accused persons, there are about 103 persons named in the list submitted by the learned Attorney General of Pakistan in Constitutional Petition No. CMA 5327 of 2023. No. 24, 2023 and persons -other persons who may be placed in the same position now or at any time in connection with the events of 9 and 10 May 2023 shall be tried by the Criminal Court of competent jurisdiction constituted in the usual way and/or with the special law of the country regarding such crimes as he may be charged.”
Next, the court should not announce any action or proceeding under the Law of Self Defense (including but not limited to constitutional petition No. 24, 25, 26, 27 & 28 and 30 & 35) against the person named above or similar person. 6 March 2023) and will have no legal effect”.
